Accelerated freeze Drying Co. Ltd, Cherthala V. DCIT, Alappuzha

ITA 611/COCH/2008

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 61435 (ITAT-COCHIN)
• Duration Of Justice: 4 year(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-05-2012
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Next Hearing Date: 25-04-2012
• Assessment Year: 2002-2003
• Appeal Filed On: 28-04-2008
• Court: TRIBUNAL
• Department Lawyers: ABHIMANYU SINGH YADAV
• Keywords: Reopening of assessment
• Section: 143(3); 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI N.R.S.GANESAN, JM AND B.R.BASKAR AN, AM I.T.A. NO.611/COCH/2008 ASSESSMENT YEAR : 2002-03 M/S. ACCELERATED FREEZE DRYING CO. LTD., EZHUPUNNA, CHERTHALA, ALLEPPEY. [PAN: AABCA 9632J] VS. THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-1, ALLEPPEY. (ASSESSEE-APPELLANT) (REVENUE- RESPONDENT) ASSESSEE BY SHRI R. SREENIVASAN, CA REVENUE BY SHRI ABHIMANYU SINGH YADAV, JR. DR DATE OF HEARING 26/04/2012 DATE OF PRONOUNCEMENT 04/05/2012 O R D E R PER B.R.BASKARAN, ACCOUNTANT MEMBER: THIS APPEAL WAS ORIGINALLY DISPOSED OF BY THE TRIB UNAL ON 5 TH DECEMBER, 2008. THE REVENUE FILED THE APPEAL BEFORE THE HONBLE HIG H COURT OF KERALA, CHALLENGING THE DECISION OF THE TRIBUNAL. THE HONBLE HIGH COURT O F KERALA NOTICED THAT THE TRIBUNAL DID NOT CONSIDER THE QUESTION AGITATED ON THE VALIDITY OF RE-OPENING AND COMPLETION OF THE ASSESSMENT U/S. 147 OF THE ACT. ACCORDINGLY, THE H ONBLE HIGH COURT REMANDED THE MATTER BACK TO THE TRIBUNAL FOR TAKING A DECISION O N THIS ISSUE AFTER HEARING BOTH THE PARTIES. ACCORDINGLY, THIS CASE WAS POSTED FOR HEA RING. 3. WE HAVE HEARD BOTH THE PARTIES. IN THIS CASE, T HE ASSESSMENT WAS ORIGINALLY COMPLETED U/S. 143(3) OF THE ACT ON 21-02-2005. TH EREAFTER, THE ASSESSING OFFICER INITIATED RE-ASSESSMENT PROCEEDINGS U/S. 147 OF THE ACT BY ISSUING NOTICE ON 01-12- 2005. THUS, THE ASSESSMENT HAS BEEN RE-OPENED WITHI N 4 YEARS FROM THE END OF THE RELEVANT ASSESSMENT YEAR AND HENCE, THE PROVISO TO SECTION 147 DOES NOT APPLY TO THE I.T.A. NO. 611/COCH/2008 2 INSTANT CASE. THE ASSESSEE COULD NOT PLACE ANY OTH ER MATERIAL/ARGUMENT BEFORE US TO SUBSTANTIATE ITS CLAIM THAT THE REOPENING OF ASSESS MENT IS NOT VALID IN LAW. ACCORDINGLY, WE DO NOT FIND ANY INFIRMITY IN THE ACTION OF THE A SSESSING OFFICER IN INITIATING THE RE- ASSESSMENT PROCEEDINGS. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE ON THE GROUND OF VALIDITY OF REOPENING OF ASSESSMENT IS DISMISSED. PRONOUNCED ACCORDINGLY ON 04-05-2012 SD/- SD/- (N.R.S.GANESAN) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: ERNAKULAM DATED: 4TH MAY, 2012 GJ COPY TO: 1. M/S. ACCELERATED FREEZE DRYING CO. LTD. , EZHUPU NNA, CHERTHALA, ALLEPPEY. 2. THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-1, ALLEPPEY. 3. THE COMMISSIONER OF INCOME-TAX (APPEALS)-IV, KOC HI. 4. THE COMMISSIONER OF INCOME-TAX, KOTTAYAM. 5. D.R., I.T.A.T., COCHIN BENCH, COCHIN. 6. GUARD FILE. BY ORDER (ASSISTANT REGISTRAR) I.T.A.T, COCHIN